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Fraud Updates 2004


16 April

It has been reported that the FBI is carrying out investigations after hackers gained access to servers at several computer laboratories in the US. Victims include the National Center for Supercomputing Applications and Stanford University. It appears that the intruders tried to take advantage of the computing power rather than sabotage the machines or steal confidential information.

The hackers used password crackers to break into one system's password file. The attackers were then able to use these passwords to access the other systems because users typically used the same password on all the systems.

If a hacker does steal confidential information and there is reason to suspect that it will be sold, there is arguably a duty in the UK to report the transaction to National Criminal Intelligence Service under the Proceeds of Crime Act 2002. This is because the victim has arguably become concerned in an arrangement which facilitates the acquisition, use, retention or control of criminal property.

In the UK, it is a criminal offence to secure access to any computer program or data without permission and, therefore, hacking is always illegal. There may also be criminal sanctions if any intellectual property rights are infringed. In addition to criminal prosecution, a number civil remedies for the theft of trade secrets and confidential information may be available to the victims of a hacker. These include freezing orders, search orders and actions against third parties who have assisted the hackers.


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